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Myrtle Beach, SC 29577
Category Archives: Criminal Defense News
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What is an “Allen Charge?”
In State v. Rampey, decided on October 5, 2022, the SC Supreme Court reversed a CSC with a minor conviction, finding that the Allen charge given by the court at Rampey’s trial was unconstitutionally coercive. What the heck is an “Allen charge?” It doesn’t come up…
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sc judge finds that execution by firing squad and execution by electric chair are unconstitutional
A SC judge has ruled that execution by firing squad and execution by electrocution violate the SC Constitution, effectively halting executions in SC (until the SC Supreme Court overturns the ruling, which will almost certainly happen). Below, we will discuss why the death penalty in…
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Citizen’s Arrest Laws: How to Commit Legal Murder in SC
It is long past time for the SC legislature to repeal SC’s citizen’s arrest laws and replace them with an updated, modern version that makes sense. Our citizen’s arrest laws: Are vague, allowing an arrest – without the involvement of law enforcement – based on…
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Stand your ground: self defense law in sc
What are the self defense laws in SC, and how does SC’s Stand Your Ground law work? In a general, most people understand that you have the right to defend yourself, and many people have heard that SC’s stand your ground law means that you…
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Voluntary manslaughter: when should murder be reduced to manslaughter?
When someone is on trial for murder, their charges could be reduced to voluntary manslaughter by the jury – but only if the trial court gives them a jury instruction on manslaughter and includes voluntary manslaughter as an option on the verdict form. The court…
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State v. williams: attempted murder conviction reversed
In State v. Williams, decided July 14, 2021, the SC Court of Appeals reversed convictions for attempted murder and possession of a weapon during the commission of a violent crime because: 1) There was no evidence presented at trial proving the specific intent required for…
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The Differences Between Criminal Courts in The United States and Mexico
Are criminal courts different in the United States and in Mexico? If you have been arrested in Myrtle Beach, SC and this is your first experience with the criminal justice system in the United States, you may be feeling confused, unsure of what your next…
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Mandatory minimum sentences for drug offenses in sc
SC’s prisons are filled with drug offenders, thanks to SC’s draconian mandatory minimum sentences and lengthy prison sentences for drug crimes. Without making any distinction between hardened criminals, true drug traffickers, or someone who was just in a home or in a car with a…
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Shoplifting charges – defenses and wrongful arrests in sc
Did you know that you don’t have to leave the store with an item for them to stop you and have you arrested for shoplifting? Or that you can be charged with shoplifting if a store employee thinks that you changed the price tag on…
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What is hearsay? why an officer’s statements during interrogation are inadmissible
In State v. Washington, the SC Court of Appeals reversed a burglary first-degree conviction because the trial court allowed the prosecutor to play audio of an interrogation – including hearsay statements made by the investigator. What is hearsay, and why aren’t an officer’s statements during…
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